Case Summary
The plaintiff, St. Mary Magdalene Church, Moothedam, seeks a permanent injunction against the defendants for trespassing on their land. The defendants argue that the plaintiff has no rights over the disputed property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction restraining defendants from trespassing into plaint schedule property
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
Plaintiff established ownership and possession of the disputed property with unchallenged evidence.
Plaintiff established ownership and possession of the disputed property with unchallenged evidence.
Judgment Evidence:
In the result, suit is decreed on the following terms. Defendants are restrained by a permanent prohibitory injunction from trespassing into plaint schedule property and using any part of the same as a passage for entering the public road lying on the western side of the plaint schedule property.
Parties Involved
Plaintiffs
Fr. Joseph Chelatt (72 years)
St. Mary Magdalene Church, Moothedam, Maradu Village, Kanayannur Taluk, Maradu P O, Pin- 682304
N O Alexander (74 years)
Naduvilaveetil, Maradu Village, Kanayannur Taluk, Maradu P O, Pin- 682304
N X Francis (67 years)
Nedunilath Veedu, Kundannoor, Maradu Village, Kanayannur Taluk, Maradu P O, Pin- 682304
P X Antony (64 years)
Pazhamadathil Veedu, Maradu Village, Kanayannur Taluk, Maradu P O, Pin- 682304
Defendants
M J George (70 years)
Mulakkara House, Vakayil Road, Opposite Semittery Chappel, Maradu P O, Ernakulam, Pin- 682304
Antony Jayan (42 years)
Vakayil Road, Opposite Semittery Chappel, Maradu P O, Ernakulam, Pin- 682304
Dr. Cyriac Thomas (64 years)
Perumall House, Vakayil Road, Maradu P O, Ernakulam, Pin- 682304
Anil Charley (40 years)
Charimkodath House, Maradu P O, Ernakulam, Pin- 682304
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants are restrained from trespassing into plaint schedule property and using it as a passage for entering the public road.
Evidence:
In the result, suit is decreed on the following terms. Defendants are restrained by a permanent prohibitory injunction from trespassing into plaint schedule property.
Relief Type:
Costs
Outcome:
Granted
Description:
Defendants are directed to pay costs of the suit to the plaintiff.
Evidence:
Defendants are directed to pay costs of the suit to plaintiff.
Documents & Evidence
Document Type:
Certified copy of the settlement register
Submitted By:
Plaintiff
Relevance:
This document was presented to show the ownership and extent of land in Survey No. 871/3 as claimed by the plaintiff.
Reference:
Ext.A1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
The document provides details about the property in Sy.No.871/3, supporting the plaintiff's claims regarding the land.
Reference:
Ext.C1
Document Type:
Sketch
Submitted By:
Court
Relevance:
This sketch was used to illustrate the layout of the property in question.
Reference:
Ext.C1(a)